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IN RE JEMSEK CLINIC, P.A.

No. 16-1030.

850 F.3d 150 (2017)

IN RE: JEMSEK CLINIC, P.A.; Joseph Jemsek, Debtors. Blue Cross Blue Shield of North Carolina, Plaintiff-Appellant, v. Jemsek Clinic, P.A.; Joseph G. Jemsek, M.D., an individual, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 3, 2017.

Attorney(s) appearing for the Case

ARGUED: Christopher Grafflin Browning, Jr. , Troutman Sanders LLP, Raleigh, North Carolina, for Appellant. William D. Blakely , Polsinelli PC, Washington, D.C., for Appellees. ON BRIEF: J. Nick Phillips , Troutman Sanders LLP, Atlanta, Georgia, for Appellant. Lauren P. Desantis-Then , Washington, D.C., Mit S. Winter , Polsinelli PC, Kansas City, Missouri, for Appellees.

Vacated and remanded by published opinion. Judge Motz wrote the opinion, in which Judge Wilkinson and Judge Floyd joined.

In this case, the bankruptcy court imposed staggering sanctions on a creditor. It dismissed with prejudice claims that the creditor valued at over $10 million, and it ordered the creditor to pay the debtor $1.29 million in attorneys' fees and costs. Although the bankruptcy court did not clearly err in finding that...

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